(a) No person, including but
not limited to, any firm, organization, private corporation, or governing
body, agents or employees of any municipal corporation shall intentionally or
recklessly throw, scatter, spill or place or intentionally or recklessly cause
to be blown, scattered, spilled, thrown or placed or otherwise dispose of any
litter upon any public property or private property not owned by him the
person within this State or in the waters of this State including, but
not limited to, including any public highway, public park, lake,
river, ocean, beach, campground, forest land, forestland, recreational
area, trailer park, highway, road, street or alley except:

(1) When such the
property is designated by the State or political subdivision thereof for the
disposal of garbage and refuse, and such the person is authorized
to use such the property for such this purpose; or

(2) Into a litter
receptacle in such a manner that the litter will be prevented from being
carried away or deposited by the elements upon any part of such the
private or public property or waters.

(a1)No person, including
any firm, organization, private corporation, or governing body, agents, or
employees of any municipal corporation shall scatter, spill, or place or cause
to be blown, scattered, spilled, or placed or otherwise dispose of any litter
upon any public property or private property not owned by the person within
this State or in the waters of this State including any public highway, public
park, lake, river, ocean, beach, campground, forestland, recreational area,
trailer park, highway, road, street, or alley except:

(1)When the
property is designated by the State or political subdivision thereof for the
disposal of garbage and refuse, and the person is authorized to use the
property for this purpose; or

(2)Into a
litter receptacle in a manner that the litter will be prevented from being
carried away or deposited by the elements upon any part of the private or
public property or waters.

(a2)Subsection (a1) of
this section does not apply to the accidental blowing, scattering, or spilling
of an insignificant amount of municipal solid waste, as defined in G.S.
130A-290(18a), during the automated loading of a vehicle designed and
constructed to transport municipal solid waste if the vehicle is operated in a
reasonable manner and according to manufacturer specifications.

(b) When litter is blown,
scattered, spilled, thrown or placed from a vehicle or watercraft, the operator
thereof shall be presumed to have committed such the offense.
This presumption, however, does not apply to a vehicle transporting agricultural
products or supplies when the litter from that vehicle is a nontoxic,
biodegradable agricultural product or supply. nontoxic and biodegradable
agricultural or garden products or supplies, including mulch, tree bark, wood
chips, and raw logs.

(c) Any person who
violates subsection (a) of this section in an amount not exceeding 15
pounds and not for commercial purposes is guilty of a Class 3 misdemeanor
punishable by a fine of not less than two hundred fifty dollars ($250.00) nor
more than one thousand dollars ($1,000) for the first offense. In addition, the
court may require the violator to perform community service of not less than
eight hours nor more than 24 hours. The community service required shall be to
pick up litter if feasible, and if not feasible, to perform other labor
commensurate with the offense committed. Any second or subsequent offense violation
of subsection (a) of this section in an amount not exceeding 15 pounds and not
for commercial purposes within three years after the date of a prior offense
violation is a Class 3 misdemeanor punishable by a fine of
not less than five hundred dollars ($500.00) nor more than two thousand dollars
($2,000). In addition, the court may require the violator to perform community
service of not less than 16 hours nor more than 50 hours. The community service
required shall be to pick up litter if feasible, and if not feasible, to
perform other labor commensurate with the offense committed.

(c1)Any person who
violates subsection (a1) of this section in an amount not exceeding 15 pounds
is guilty of an infraction punishable by a fine of not more than one hundred
dollars ($100.00). In addition, the court may require the violator to perform
community service of not less than four hours nor more than 12 hours. The
community service required shall be to pick up litter if feasible, and if not
feasible, to perform other labor commensurate with the offense committed. Any
second or subsequent violation of subsection (a1) of this section in an amount
not exceeding 15 pounds within three years after the date of a prior violation
is an infraction punishable by a fine of not more than two hundred dollars
($200.00). In addition, the court may require the violator to perform community
service of not less than eight hours nor more than 24 hours. The community
service required shall be to pick up litter if feasible, and if not feasible, to
perform other labor commensurate with the offense committed. For purposes of
this subsection, the term "litter" shall not include nontoxic and
biodegradable agricultural or garden products or supplies, including mulch,
tree bark, and wood chips.

(d) Any person who
violates subsection (a) of this section in an amount exceeding 15 pounds
but not exceeding 500 pounds and not for commercial purposes is guilty of a
Class 3 misdemeanor punishable by a fine of not less than five hundred dollars
($500.00) nor more than two thousand dollars ($2,000). In addition, the court
shall require the violator to perform community service of not less than 24
hours nor more than 100 hours. The community service required shall be to pick
up litter if feasible, and if not feasible, to perform other community service
commensurate with the offense committed.

(d1)Any person who
violates subsection (a1) of this section in an amount exceeding 15 pounds but not
exceeding 500 pounds is guilty of an infraction punishable by a fine of not
more than two hundred dollars ($200.00). In addition, the court may require the
violator to perform community service of not less than eight hours nor more
than 24 hours. The community service required shall be to pick up litter if
feasible, and if not feasible, to perform other labor commensurate with the
offense committed.

(e) Any person who
violates subsection (a) of this section in an amount exceeding 500
pounds or in any quantity for commercial purposes, or who discards litter that
is a hazardous waste as defined in G.S. 130A-290 is guilty of a Class I felony.

(e1)Any person who
violates subsection (a1) of this section in an amount exceeding 500 pounds is
guilty of an infraction punishable by a fine of not more than three hundred
dollars ($300.00). In addition, the court may require the violator to perform
community service of not less than 16 hours nor more than 50 hours. The
community service required shall be to pick up litter if feasible, and if not
feasible, to perform other labor commensurate with the offense committed.

(e2)In addition, If
any person violates subsection (a) or (a1) of this section in an amount
exceeding 15 pounds or in any quantity for commercial purposes, or discards
litter that is a hazardous waste as defined in G.S. 130A-290, the court
shall order the violator to:

(1) Remove, or render
harmless, the litter that he discarded in violation of this section;

(2) Repair or restore
property damaged by, or pay damages for any damage arising out of, his
discarding litter in violation of this section; or

(3) Perform community
public service relating to the removal of litter discarded in violation of this
section or to the restoration of an area polluted by litter discarded in
violation of this section.

(f) A court may
enjoin a violation of this section.

(f1) If a violation of subsection
(a) of this section involves the operation of a motor vehicle, upon a
finding of guilt, the court shall forward a record of the finding to the
Department of Transportation, Division of Motor Vehicles, which shall record a
penalty of one point on the violator's drivers license pursuant to the point
system established by G.S. 20-16. There shall be no insurance premium surcharge
or assessment of points under the classification plan adopted under G.S. 58-36-65
for a finding of guilt under this section.

(g) A motor vehicle,
vessel, aircraft, container, crane, winch, or machine involved in the disposal
of more than 500 pounds of litter in violation of subsection (a) of this
section is declared contraband and is subject to seizure and summary forfeiture
to the State.

(h) If a person sustains
damages arising out of a violation of subsection (a) of this section
that is punishable as a felony, a court, in a civil action for such the
damages, shall order the person to pay the injured party threefold the actual
damages or two hundred dollars ($200.00), whichever amount is greater. In
addition, the court shall order the person to pay the injured party's court
costs and attorney's fees.

(i) For the purpose
of the section, unless the context requires otherwise:

(1) "Aircraft"
means a motor vehicle or other vehicle that is used or designed to fly, but
does not include a parachute or any other device used primarily as safety
equipment.

(2) Repealed by Session
Laws 1999-454, s. 1.

(2a) "Commercial purposes"
means litter discarded by a business, corporation, association, partnership,
sole proprietorship, or any other entity conducting business for economic gain,
or by an employee or agent of such the entity.

(3) "Law enforcement
officer" means any officer of the North Carolina Highway Patrol, the
State Bureau of Investigation, the Division of Motor Vehicles of the Department
of Transportation, a county sheriff's department, a municipal law enforcement
department, a law enforcement department of any other political subdivision,
the Department, or the North Carolina Wildlife Resources Commission. law
enforcement officer sworn and certified pursuant to Chapter 17C or 17E of the
General Statutes, except company police officers as defined in G.S.
74E-6(b)(3). In addition, and solely for the purposes of this section,
"law enforcement officer" means any employee of a county or
municipality designated by the county or municipality as a litter enforcement officer.officer;
or wildlife protectors as defined in G.S. 113-128(9);

(4) "Litter"
means any garbage, rubbish, trash, refuse, can, bottle, box, container,
wrapper, paper, paper product, tire, appliance, mechanical equipment or part,
building or construction material, tool, machinery, wood, motor vehicle or
motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from
a waste treatment facility, water supply treatment plant, or air pollution
control facility, dead animal, or discarded material in any form resulting from
domestic, industrial, commercial, mining, agricultural, or governmental
operations. "Litter" While being used for or distributed in
accordance with their intended uses, "litter" does not include
political pamphlets, handbills, religious tracts, newspapers, and other such
similar printed materials the unsolicited distribution of which is
protected by the Constitution of the United States or the Constitution of North
Carolina.

(5) "Vehicle"
has the same meaning as in G.S. 20-4.01(49); G.S. 20-4.01(49). and

(6) "Watercraft"
means any boat or vessel used for transportation across the water.

(j) It shall be the
duty of all law enforcement officers to enforce the provisions of this section.

(k) This section does not
limit the authority of any State or local agency to enforce other laws, rules
or ordinances relating to litter or solid waste management."

SECTION 2. G.S. 20-116(g) reads as
rewritten:

"(g)
(1) No vehicle shall be driven or
moved on any highway unless such the vehicle is so constructed
or and loaded as to prevent any of its load from falling,
blowing, dropping, sifting, leaking, or otherwise escaping therefrom, except
that and the vehicle shall not contain any holes, cracks, or openings
through which any of its load may escape. However, sand may be dropped for
the purpose of securing traction, or water or other substance may be sprinkled
sprinkled, dumped, or spread on a roadway in cleaning or maintaining
such the roadway. For purposes of this subsection, load does
not include water accumulated from precipitation.

(2)Trucks,
trailers or other vehicles when A truck, trailer, or other vehicle
licensed for more than 7,500 pounds gross vehicle weight that is loaded
with rock, gravel, stone stone, or any other similar substances
which substance, other than sand, that could fall, blow,
leak, sift sift, or drop shall not be driven or moved on any
highway unless unless:

a.the
The height of the load against all four walls does not extend above
a horizontal line six inches below their tops when loaded at the loading point,
or if not so loaded, unlesspoint; and

b.the
The load shall be is securely covered by tarpaulin or
some other suitable covering, or unless it is otherwise constructed so as covering
to prevent any of its load from falling, dropping, sifting, leaking,
blowing, or otherwise escaping therefrom.

(3)A truck,
trailer, or other vehicle:

a. Licensed
for any gross vehicle weight and loaded with sand; or

b.Licensed
for 7,500 pounds or less gross vehicle weight and loaded with rock, gravel,
stone, or any other similar substance that could fall, blow, leak, sift, or
drop;

shall not be driven or moved on any highway unless:

a.The
height of the load against all four walls does not extend above a horizontal
line six inches below the top when loaded at the loading point;

b.The
load is securely covered by tarpaulin or some other suitable covering; or

c.The
vehicle is constructed to prevent any of its load from falling, dropping,
sifting, leaking, blowing, or otherwise escaping therefrom.

(4)Provided
this This section shall not be applicable to or in any manner
restrict the transportation of seed cotton, of poultry or livestock poultry
or livestock, or silage or other feed grain used in the feeding of poultry
or livestock."

SECTION 3. Article 2 of Chapter 136 of the
General Statutes is amended by adding a new section to read:

The Department of Transportation shall, to the extent
practicable, schedule the removal of debris, trash, and litter from highways
and highway rights-of-way prior to the mowing of highway rights-of-way. The
Department of Transportation shall include as a term of any contract that it
enters into for the mowing of a highway right-of-way that the contracting party
shall, to the extent practicable, coordinate with the scheduled removal of
debris, trash, and litter from the highway and highway right-of-way prior to
the mowing of the highway right-of-way."

SECTION 4. Article 2 of Chapter 136 of the
General Statutes is amended by adding a new section to read:

"§
136-32.3. Litter enforcement signs.

The Department of Transportation shall place signs on the
Interstate Highway System notifying motorists of the penalties for littering.
The signs shall include the amount of the maximum penalty for littering. The
Department of Transportation shall determine the locations of and distance
between the signs."

SECTION 5. G.S. 153A-136 reads as rewritten:

"§ 153A-136.
Regulation of solid wastes.

(a) A county may by
ordinance regulate the storage, collection, transportation, use, disposal, and
other disposition of solid wastes. Such an ordinance may:

(1) Regulate the
activities of persons, firms, and corporations, both public and private.

(2) Require each person
wishing to commercially collect or dispose of solid wastes to secure a license
from the county and prohibit any person from commercially collecting or
disposing of solid wastes without a license. A fee may be charged for a
license.

(3) Grant a franchise to
one or more persons for the exclusive right to commercially collect or dispose
of solid wastes within all or a defined portion of the county and prohibit any
other person from commercially collecting or disposing of solid wastes in that
area. The board of commissioners may set the terms of any franchise, except
that no franchise may be granted for a period exceeding 30 years, nor may any
franchise by its terms impair the authority of the board of commissioners to
regulate fees as authorized by this section.

(4) Regulate the fees, if
any, that may be charged by licensed or franchised persons for collecting or
disposing of solid wastes.

(5) Require the source
separation of materials prior to collection of solid waste for disposal.

(6) Require participation
in a recycling program by requiring separation of designated materials by the
owner or occupant of the property prior to disposal. An owner of recovered
materials as defined by G.S. 130A-290(a)(24) retains ownership of the recovered
materials until the owner conveys, sells, donates, or otherwise transfers the
recovered materials to a person, firm, company, corporation, or unit of local
government. A county may not require an owner to convey, sell, donate, or otherwise
transfer recovered materials to the county or its designee. If an owner places
recovered materials in receptacles or delivers recovered materials to specific
locations, receptacles, and facilities that are owned or operated by the county
or its designee, then ownership of these materials is transferred to the county
or its designee.

(6a)Regulate the illegal
disposal of solid waste, including littering on public and private property,
provide for enforcement by civil penalties as well as other remedies, and
provide that such regulations may be enforced by county employees specially
appointed as environmental enforcement officers.

(7) Include any other
proper matter.

(b) Any ordinance adopted
pursuant to this section shall be consistent with and supplementary to any
rules adopted by the Commission for Health Services or the Department of
Environment and Natural Resources.

(c) The board of
commissioners of a county shall consider alternative sites and socioeconomic
and demographic data and shall hold a public hearing prior to selecting or
approving a site for a new sanitary landfill that receives residential solid
waste that is located within one mile of an existing sanitary landfill within
the State. The distance between an existing and a proposed site shall be
determined by measurement between the closest points on the outer boundary of
each site. The definitions set out in G.S. 130A-290 apply to this subsection.
As used in this subsection:

(1) "Approving a
site" refers to prior approval of a site under G.S. 130A-294(a)(4).

(2) "Existing
sanitary landfill" means a sanitary landfill that is in operation or that
has been in operation within the five-year period immediately prior to the date
on which an application for a permit is submitted.

(3) "New sanitary
landfill" means a sanitary landfill that includes areas not within the
legal description of an existing sanitary landfill as set out in the permit for
the existing sanitary landfill.

(4) "Socioeconomic
and demographic data" means the most recent socioeconomic and demographic
data compiled by the United States Bureau of the Census and any additional
socioeconomic and demographic data submitted at the public hearing.

(d) As used in this
section, "solid waste" means nonhazardous solid waste, that is, solid
waste as defined in G.S. 130A-290 but not including hazardous waste."

SECTION 6. G.S. 160A-185 reads as rewritten:

"§ 160A-185.
Emission of pollutants or contaminants.

A city may by ordinance regulate, restrict, or prohibit the
emission or disposal of substances or effluents that tend to pollute or
contaminate land, water, or air, rendering or tending to render it injurious to
human health or welfare, to animal or plant life or to property, or interfering
or tending to interfere with the enjoyment of life or property. A city may
by ordinance regulate the illegal disposal of solid waste, including littering
on public and private property, provide for enforcement by civil penalties as
well as other remedies, and provide that such regulations may be enforced by
city employees specially appointed as environmental enforcement officers.
Any such ordinance shall be consistent with and supplementary to State and
federal laws and regulations."

SECTION 7. Article 3 of Chapter 163 of the
General Statutes is amended by adding a new section to read:

"§ 163-22.3.
State Board of Elections littering notification.

At the time an individual files with the State Board of
Elections a notice of candidacy pursuant to G.S. 163-106, 163-112, 163-291,
163-294.2, or 163-323, is certified to the State Board of Elections by a
political party executive committee to fill a nomination vacancy pursuant to
G.S. 163-114, is certified to the State Board of Elections by a new political
party as that party's nominee pursuant to G.S. 163-98, qualifies with the State
Board of Elections as an unaffiliated or write-in candidate pursuant to Article
11 of this Chapter, or formally initiates a candidacy with the State Board of
Elections pursuant to any statute or local act, the State Board of Elections
shall notify the candidate of the provisions concerning campaign signs in G.S.
136-32 and G.S. 14-156, and the rules adopted by the Department of Transportation
pursuant to G.S. 136-18."

SECTION 8. Article 4 of Chapter 163 of the
General Statutes is amended by adding a new section to read:

"§ 163-33.3.
County board of elections littering notification.

At the time an individual files with a county board of
elections a notice of candidacy pursuant to G.S. 163-106, 163-112, 163-291, or
163-294.2, is certified to a county board of elections by a political party
executive committee to fill a nomination vacancy pursuant to G.S. 163-114,
qualifies with a county board of elections as an unaffiliated or write-in
candidate pursuant to Article 11 of this Chapter, or formally initiates with a
county board of elections a candidacy pursuant to any statute or local act, the
county board of elections shall notify the candidate of the provisions
concerning campaign signs in G.S. 136-32 and G.S. 14-156 and the rules adopted
by the Department of Transportation pursuant to G.S. 136-18.

SECTION 9. The text of G.S. 147-12 is designated
as subsection (a) of that section, and G.S. 147-12 is further amended by adding
a new subsection to read:

"(b)The
Department of Transportation, the Department of Correction, the Department of
Crime Control and Public Safety, the State Highway Patrol, the Wildlife Resources
Commission, the Division of Parks and Recreation in the Department of
Environment and Natural Resources, and the Division of Marine Fisheries in the
Department of Environment and Natural Resources shall deliver to the Governor
by February 1 and August 1 of each year detailed information on the agency's
litter enforcement, litter prevention, and litter removal efforts. The
Administrative Office of the Courts shall deliver to the Governor by February 1
and August 1 of each year detailed information on the enforcement of the
littering laws of the State, including the number of charges and convictions
under the littering laws of the State. The Governor shall gather the
information submitted by the respective agencies and deliver a consolidated
semiannual report on or before March 1 and September 1 of each year to the
Environmental Review Commission, the Joint Legislative Transportation Oversight
Committee, and the House of Representatives and the Senate Appropriations
Subcommittees on Natural and Economic Resources."

SECTION 10. The first reports required to be
delivered by the Department of Transportation, the Department of Correction,
the Department of Crime Control and Public Safety, the State Highway Patrol,
the Wildlife Resources Commission, the Division of Parks and Recreation in the
Department of Environment and Natural Resources, the Division of Marine
Fisheries in the Department of Environment and Natural Resources, and the
Administrative Office of the Courts to the Governor under G.S. 147-12(b), as
enacted by Section 10 of this act, shall be due February 1, 2002. The
first report required to be delivered by the Governor to the Environmental
Review Commission, the Joint Legislative Transportation Oversight Committee,
and the House of Representatives and the Senate Appropriations Subcommittees on
Natural and Economic Resources under G.S. 147-12(b), as enacted by Section 10
of this act, shall be due March 1, 2002.

SECTION 11. The State Board of Education
shall report to the Joint Legislative Education Oversight Committee and the
Environmental Review Commission by December 15 of the years 2003 through 2007,
on the recycling efforts of the public schools in the State. These
reports shall include information provided by local school administrative units
on the number of public schools that have recycling programs and the types of
recyclable materials that are collected. If the Joint Legislative
Education Oversight Committee or the Environmental Review Commission determines
that sufficient progress in establishing recycling programs in the public
schools of the State has not been made by January 1, 2008, the Committee or
Commission shall recommend legislation to the 2008 Regular Session of the 2007
General Assembly to continue the reporting requirement established by this
section.

SECTION 12. G.S. 115C-47 is amended by
adding a new subdivision to read:

"(40)To Encourage Recycling in
Public Schools. - Local boards of education shall encourage recycling in public
schools and may develop and implement recycling programs at public schools."

SECTION 13. G.S. 130A-309.14 is amended by
adding a new subsection to read:

"(k)The
Department of Transportation shall provide and maintain recycling containers at
each rest area located in this State on a highway in the Interstate Highway
System or in the State highway system for the collection of each of the
following recyclable materials for which recycling is feasible:

(1)Aluminum.

(2)Newspaper.

(3)Recyclable
glass.

(4)Plastic bottles.

For each rest area that has
recycling containers, the Department of Transportation shall install signs, or
modify existing signs, that are proximately located to the rest area to notify
motorists that the rest area has recycling containers."

SECTION 14. G.S. 130A-309.14(a)(1) reads as
rewritten:

"(1) Establish a program in
cooperation with the Department and the Department of Administration, Administration
for the collection of all recyclable aluminum and wastepaper
materials generated in State offices throughout the State, including, at a
minimum, high-grade office paper and corrugated paper.State. The
program shall provide that recycling containers are readily accessible on each
floor where State employees are located in a building occupied by a State
agency. Recycling containers required pursuant to this subdivision
shall be clearly labeled to identify the types of recyclable materials to be
deposited in each container and, to the extent practicable, recycling
containers for glass, plastic, and aluminum shall be located near trash
receptacles. The program shall provide for the collection of all of the
following recyclable materials.

a.Aluminum.

b.Newspaper.

c.Sorted
office paper.

d.Recyclable
glass.

e.Plastic
bottles.

As used in this subdivision, the term 'sorted office paper'
means paper used in offices that is of a high quality for purposes of recycling
and includes copier paper, computer paper, letterhead, ledger, white envelopes,
and bond paper."

SECTION 15. This act shall not be construed
to obligate the General Assembly to appropriate any funds to implement the
provisions of this act. Every agency to which this act applies shall
implement the provisions of this act from funds otherwise appropriated or
available to the agency.

SECTION 16. Section 1 of this act becomes
effective March 1, 2002, and applies to offenses committed on or after that
date. Section 2 of this act becomes effective June 1, 2002, and applies
to offenses committed on or after that date. Sections 5, 6, 7, 8, 9, 10,
11, 12, 15, and 16 of this act are effective when it becomes law.
Sections 3, 4, 13, and 14 of this act become effective January 1, 2002.

In the General Assembly read three times and ratified this
the 5th day of December, 2001.